24th May 2024

The decision of the Supreme Court on the eligibility and the capacity of Mr Martin Amidu to occupy the position of Special Prosecutor has been adjourned.

The decision, which was expected to be delivered yesterday, Wednesday, April 29, 2020, was moved to May 13 by the judges without giving reasons.

The suit was filed by a former Deputy Attorney General, Dr Dominic Ayine, who contends that Mr Amidu, being 66 years [at the time the suit was filed in 2018], was too old to hold public office, and as such could not be the Special Prosecutor.


In his writ, Dr Ayine sought a declaration that per the interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, the retirement age of all holders of public offices created pursuant to Article(1)(d), is 60 years, thus Mr Amidu is not qualified or eligible to be nominated as the Special Prosecutor.

Dr Dominic Ayine filed the case in February 2018.

In the course of the hearing, the Supreme Court struck out Mr Martin Amidu as a defendant in the case.

According to the court, Mr Amidu was not a proper party to the case as the position in question is one which falls under Article 88 of the Constitution.

The Supreme Court said, per the constitution, the Attorney-General is required to represent public officials sued as a result of their office.

Mr Amidu expressed his displeasure with this course of events, saying he would have done a better job in defending himself in the case than the Attorney-General or any other lawyer.

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